Am. Fed'n of Gov't Employees, AFL-CIO, et al v. Kupor, et al
| AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO, NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES, INC. and AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, Local 3707 |
| SCOTT KUPOR, in the official capacity as Director of the Office of Personnel Management and US OFFICE OF PERSONNEL MANAGEMENT |
| STATE OF WASHINGTON, COMMONWEALTH OF MASSACHUSETTS, JOHN MCKAY, STATE OF MONTANA, STATE OF HAWAII, STATE OF ARIZONA, STATE OF CALIFORNIA, STATE OF COLORADO, STATE OF CONNECTICUT, STATE OF DELAWARE, DISTRICT OF COLUMBIA, STATE OF ILLINOIS, STATE OF MAINE, STATE OF MARYLAND, STATE OF MICHIGAN, STATE OF MINNESOTA, STATE OF NEVADA, STATE OF NEW JERSEY, STATE OF NEW YORK, STATE OF NORTH CAROLINA, STATE OF OREGON, STATE OF RHODE ISLAND, STATE OF VERMONT, STATE OF ALABAMA, STATE OF ARKANSAS, STATE OF FLORIDA, STATE OF GEORGIA, STATE OF IDAHO, STATE OF INDIANA, STATE OF IOWA, STATE OF KANSAS, COMMONWEALTH OF KENTUCKY, STATE OF LOUISIANA, STATE OF MISSISSIPPI, STATE OF MISSOURI, STATE OF NEBRASKA, STATE OF NORTH DAKOTA, STATE OF OKLAHOMA, STATE OF SOUTH CAROLINA, STATE OF SOUTH DAKOTA, STATE OF TENNESSEE, STATE OF TEXAS, STATE OF UTAH and STATE OF WEST VIRGINIA |
| DEMOCRACY DEFENDERS FUND, DONALD B. AYER, TY COBB, BARBARA COMSTOCK, MICKEY EDWARDS, JOHN FARMER, JR., STUART M. GERSON, PETER D. KEISLER, WILLIAM KRISTOL, PHILIP ALLEN LACOVARA, TREVOR POTTER, ALAN RAUL, STEPHEN RICHER, PAUL ROSENZWEIG, CLAUDINE SCHNEIDER, PETER M. SHANE, ROBERT SHANKS, CHRISTOPHER SHAYS, OLIVIA TROYE, WILLIAM JOSEPH WALSH, WILLIAM F. WELD and CHRISTINE TODD WHITMAN |
| 25-1959 |
| October 15, 2025 |
| U.S. Court of Appeals, First Circuit |
| Other Statutes |
Docket Report
This docket was last retrieved on March 20, 2026. A more recent docket listing may be available from PACER.
| Document Text |
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| NINE (9) paper copies of amici curiae brief [ # 6790322-2 ] submitted by Amici Curiae Former Public Officials and Legal Scholars. [25-1959] (SRS) [Entered: 03/27/2026 09:10 AM] |
| NINE (9) paper copies of appellants' brief [ # 6791824-2 ] submitted by Appellants American Federation of Government Employees, AFL-CIO, American Federation of State, County and Municipal Employees and National Association of Government Employees, Inc.. [25-1959] (YCC) [Entered: 03/23/2026 08:25 AM] |
ORDER granting motion to extend time to file brief filed by Appellees US Office of Personnel Management and Scott Kupor. Brief due 04/17/2026 for appellees Scott Kupor and US Office of Personnel Management. [25-1959] (AVN) [Entered: 03/12/2026 08:41 AM]
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| ASSENTED TO MOTION to extend time to file brief filed by Appellees Scott Kupor and US Office of Personnel Management. Served on 03/11/2026. [25-1959] (BTT) [Entered: 03/11/2026 03:13 PM] |
| PLEADING tendered: NINE (9) paper copies of amici curiae brief [ # 6790322-2 ] filed by Amici Former Public Officials and Legal Scholars. [25-1959]. (SRS) [Entered: 03/18/2026 01:27 PM] |
| DISCLOSURE statement filed by Appellants American Federation of Government Employees, AFL-CIO, American Federation of State, County and Municipal Employees and National Association of Government Employees, Inc. Served on 03/03/2026. [25-1959] (YCC) [Entered: 03/09/2026 04:23 PM] |
| APPELLANTS' BRIEF filed by Appellants American Federation of Government Employees, AFL-CIO, American Federation of State, County and Municipal Employees and National Association of Government Employees, Inc. Served on 03/03/2026. Nine paper copies identical to that of the electronically filed brief must be submitted so that they are received by the court on or before 03/16/2026 . Brief due 04/02/2026 for APPELLEES Scott Kupor and US Office of Personnel Management. [25-1959] (YCC) [Entered: 03/09/2026 04:14 PM] |
| FIVE (5) paper copies of appendix [ # 6789986-2 ] submitted by Appellants American Federation of Government Employees, AFL-CIO, American Federation of State, County and Municipal Employees and National Association of Government Employees, Inc. [25-1959] (SRS) [Entered: 03/12/2026 09:42 AM] |
| AMICUS CURIAE BRIEF filed by Former Public Officials and Legal Scholars in support of Appellants. Served on 02/26/2026. Nine paper copies identical to that of the electronically filed brief must be submitted so that they are received by the court on or before 03/10/2026 . [25-1959] (AVN) [Entered: 03/03/2026 04:06 PM] |
| BRIEF tendered by Appellants American Federation of Government Employees, AFL-CIO, American Federation of State, County and Municipal Employees and National Association of Government Employees, Inc.. [25-1959] (CMZ) [Entered: 03/03/2026 06:48 PM] |
ORDER directing Appellants American Federation of Government Employees, AFL-CIO, American Federation of State, County and Municipal Employees, and National Association of Government Employees, Inc. to file a conforming brief. Brief due 03/09/2026 . [25-1959] (AVN) [Entered: 03/02/2026 08:56 AM]
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| APPENDIX filed by Appellants American Federation of Government Employees, AFL-CIO, American Federation of State, County and Municipal Employees and National Association of Government Employees, Inc. Served on 02/20/2026. Five paper copies of the electronically filed appendix must be submitted so that they are received by the court on or before 03/10/2026 . [25-1959] (YCC) [Entered: 03/03/2026 08:18 AM] |
| AMICUS CURIAE BRIEF tendered by Former Public Officials and Legal Scholars. [25-1959] (MRK) [Entered: 02/26/2026 11:59 AM] |
| APPENDIX tendered by Appellants American Federation of Government Employees, AFL-CIO, American Federation of State, County and Municipal Employees, National Association of Government Employees, Inc. and Not Party American Federation of Government Employees, AFL-CIO, Local 3707. Served on 02/20/2026. [25-1959] (CSH) [Entered: 02/20/2026 11:54 PM] |
| BRIEF tendered by Appellants American Federation of Government Employees, AFL-CIO, American Federation of State, County and Municipal Employees, National Association of Government Employees, Inc. and Not Party American Federation of Government Employees, AFL-CIO, Local 3707. [25-1959] (CSH) [Entered: 02/20/2026 11:51 PM] |
| BRIEF tendered by Appellants American Federation of Government Employees, AFL-CIO, American Federation of State, County and Municipal Employees, National Association of Government Employees, Inc. and Not Party American Federation of Government Employees, AFL-CIO, Local 3707. [25-1959] (CSH) [Entered: 02/20/2026 11:26 PM] |
ORDER directing Appellants American Federation of Government Employees, AFL-CIO, American Federation of State, County and Municipal Employees, and National Association of Government Employees, Inc. to file a conforming brief and appendix. Brief and Appendix due 02/27/2026 . [25-1959] (AVN) [Entered: 02/20/2026 11:07 AM]
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ORDER directing Amici Curiae Former Public Officials and Legal Scholars to file a conforming brief. Brief due 02/27/2026 . [25-1959] (AVN) [Entered: 02/20/2026 11:02 AM]
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| DISCLOSURE statement filed by Amici Curiae Democracy Defenders Fund and Former Public Officials and Legal Scholars. [25-1959] (AVN) [Entered: 02/20/2026 10:54 AM] |
| AMICUS CURIAE BRIEF tendered by Former Public Officials and Legal Scholars. [25-1959] (MRK) [Entered: 02/13/2026 05:20 PM] |
| NOTICE of appearance on behalf of Movant(s) Former Public Officials and Legal Scholars filed by Attorney Michael R. Keefe. Served on 02/13/2026. [25-1959] (MRK) [Entered: 02/13/2026 05:16 PM] |
ORDER entered: Appellees Scott Kupor and US Office of Personnel Management's February 11, 2026, motion seeking an extension of time to file Appellees' response brief is premature as the Appellants' brief has not yet been accepted for filing. See Fed. R. App. P. 31(a)(1). Accordingly, the motion is denied without prejudice to refiling once Appellants' brief has been accepted for filing. [25-1959] (AVN) [Entered: 02/13/2026 09:49 AM]
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| ASSENTED TO MOTION to extend time to file brief filed by Appellees Scott Kupor and US Office of Personnel Management. Served on 02/11/2026. [25-1959] (BTT) [Entered: 02/11/2026 03:15 PM] |
| APPENDIX tendered by Appellants American Federation of Government Employees, AFL-CIO, American Federation of State, County and Municipal Employees, National Association of Government Employees, Inc. and Not Party American Federation of Government Employees, AFL-CIO, Local 3707. Served on 02/06/2026. [25-1959] (CSH) [Entered: 02/06/2026 08:39 PM] |
| BRIEF tendered by Appellants American Federation of Government Employees, AFL-CIO, American Federation of State, County and Municipal Employees, National Association of Government Employees, Inc. and Not Party American Federation of Government Employees, AFL-CIO, Local 3707. [25-1959] (CSH) [Entered: 02/06/2026 08:35 PM] |
| REQUEST for removal from the service list filed by Attorney Ajay S. Krishnan for Appellants American Federation of Government Employees, AFL-CIO, American Federation of State, County and Municipal Employees, and National Association of Government Employees, Inc. Served on 01/16/2026. [25-1959] (AVN) [Entered: 01/21/2026 09:48 AM] |
| REQUEST for removal from the service list filed by Attorney Michael Ceja Martinez for Appellants American Federation of Government Employees, AFL-CIO, American Federation of State, County and Municipal Employees, National Association of Government Employees, Inc. Served on 12/03/2025. [25-1959] (AVN) [Entered: 12/09/2025 04:24 PM] |
ORDER granting motion to extend time to file brief and appendix filed by Appellants American Federation of Government Employees, AFL-CIO, American Federation of State, County and Municipal Employees, and National Association of Government Employees, Inc. Brief and Appendix due 02/06/2026 for appellants American Federation of Government Employees, AFL-CIO, American Federation of State, County and Municipal Employees and National Association of Government Employees, Inc. We are disinclined to grant a request for further enlargement of this deadline. [25-1959] (AVN) [Entered: 12/03/2025 09:36 AM]
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| MOTION to extend time to file brief filed by Appellants American Federation of Government Employees, AFL-CIO, American Federation of State, County and Municipal Employees and National Association of Government Employees, Inc.. Served on 12/02/2025. [25-1959] (CSH) [Entered: 12/02/2025 11:02 PM] |
ORDER entered: Appellees Scott Kupor and US Office of Personnel Management's motion to extend time to file their responsive brief is denied, without prejudice to refiling. The instant motion is premature because the appellants' brief has not been accepted for filing. See Fed. R. App. P. 31(a)(1) and 1st Cir. 31.0(a)(1). [25-1959] (AVN) [Entered: 12/02/2025 11:57 AM]
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| ASSENTED TO MOTION to extend time to file brief and appendix filed by Appellees Scott Kupor and US Office of Personnel Management. Served on 11/21/2025. [25-1959] (BTT) [Entered: 11/21/2025 04:16 PM] |
| NOTICE issued. The following attorneys have failed to register for an appellate ECF account and will no longer receive notice of court issued documents in this case: Ajay S. Krishnan for American Federation of Government Employees, AFL-CIO, American Federation of State, County and Municipal Employees and National Association of Government Employees, Inc., Michael Ceja Martinez for American Federation of Government Employees, AFL-CIO, American Federation of State, County and Municipal Employees, National Association of Government Employees, Inc. and American Federation of Government Employees, AFL-CIO, Local 3707, Daniel Alexander McGrath for American Federation of Government Employees, AFL-CIO, American Federation of State, County and Municipal Employees, National Association of Government Employees, Inc. and American Federation of Government Employees, AFL-CIO, Local 3707, Nicolas Mendoza for American Federation of Government Employees, AFL-CIO, American Federation of State, County and Municipal Employees, National Association of Government Employees, Inc. and American Federation of Government Employees, AFL-CIO, Local 3707, Erin E. Meyer for American Federation of Government Employees, AFL-CIO, American Federation of State, County and Municipal Employees and National Association of Government Employees, Inc., Skye L. Perryman for American Federation of Government Employees, AFL-CIO, American Federation of State, County and Municipal Employees, National Association of Government Employees, Inc. and American Federation of Government Employees, AFL-CIO, Local 3707, Sarah E. Suszczyk for National Association of Government Employees, Inc., Georgina Yeomans for American Federation of State, County and Municipal Employees, Jason Altabet for US Office of Personnel Management and Scott Kupor, Kevin K. Bell for US Office of Personnel Management and Scott Kupor, Eric Hamilton for US Office of Personnel Management and Scott Kupor, Danielle Leonard for Christopher Shays, Peter D. Keisler, William F. Weld, Alan Raul, Paul Rosenzweig, Philip Allen Lacovara, Ty Cobb, Donald B. Ayer, Stuart M. Gerson, Barbara Comstock, Mickey Edwards, John Farmer, Jr., William Kristol, John McKay, Trevor Potter, Stephen Richer, Claudine Schneider, Peter M. Shane, Robert Shanks, Olivia Troye, William Joseph Walsh, Christine Todd Whitman and State Democracy Defenders Fund, Michael Ceja Martinez for American Federation of Government Employees, AFL-CIO, Local 3707, Daniel Alexander McGrath for American Federation of Government Employees, AFL-CIO, Local 3707, Nicolas Mendoza for American Federation of Government Employees, AFL-CIO, Local 3707 and Zoe Palitz for Christopher Shays, Peter D. Keisler, William F. Weld, Alan Raul, Paul Rosenzweig, Philip Allen Lacovara, Ty Cobb, Donald B. Ayer, Stuart M. Gerson, Barbara Comstock, Mickey Edwards, John Farmer, Jr., William Kristol, John McKay, Trevor Potter, Stephen Richer, Claudine Schneider, Peter M. Shane, Robert Shanks, Olivia Troye, William Joseph Walsh, Christine Todd Whitman and State Democracy Defenders Fund. [25-1959] (AVN) [Entered: 11/14/2025 10:36 AM] |
| NOTICE of appearance on behalf of Appellants American Federation of Government Employees, AFL-CIO, American Federation of State, County and Municipal Employees and National Association of Government Employees, Inc. filed by Attorney Christine M. Zaleski. Served on 11/03/2025. [25-1959] (CMZ) [Entered: 11/03/2025 12:48 PM] |
| NOTICE of appearance on behalf of Appellants American Federation of Government Employees, AFL-CIO, American Federation of State, County and Municipal Employees and National Association of Government Employees, Inc. filed by Attorney Elena Goldstein. Served on 10/30/2025. [25-1959] (EG) [Entered: 10/30/2025 09:22 AM] |
| NOTICE issued. After 11/13/2025 , the following attorneys will no longer receive notice of court issued documents in this case unless they register for an appellate ECF account: Ajay S. Krishnan for American Federation of Government Employees, AFL-CIO, American Federation of State, County and Municipal Employees and National Association of Government Employees, Inc., Michael Ceja Martinez for American Federation of Government Employees, AFL-CIO, American Federation of State, County and Municipal Employees, National Association of Government Employees, Inc. and American Federation of Government Employees, AFL-CIO, Local 3707, Daniel Alexander McGrath for American Federation of Government Employees, AFL-CIO, American Federation of State, County and Municipal Employees, National Association of Government Employees, Inc. and American Federation of Government Employees, AFL-CIO, Local 3707, Nicolas Mendoza for American Federation of Government Employees, AFL-CIO, American Federation of State, County and Municipal Employees, National Association of Government Employees, Inc. and American Federation of Government Employees, AFL-CIO, Local 3707, Erin E. Meyer for American Federation of Government Employees, AFL-CIO, American Federation of State, County and Municipal Employees and National Association of Government Employees, Inc., Teague P. Paterson for American Federation of State, County and Municipal Employees, Skye L. Perryman for American Federation of Government Employees, AFL-CIO, American Federation of State, County and Municipal Employees, National Association of Government Employees, Inc. and American Federation of Government Employees, AFL-CIO, Local 3707, Sarah E. Suszczyk for National Association of Government Employees, Inc., Georgina Yeomans for American Federation of State, County and Municipal Employees, Jason Altabet for US Office of Personnel Management and Scott Kupor, Kevin K. Bell for US Office of Personnel Management and Scott Kupor, Eric Hamilton for US Office of Personnel Management and Scott Kupor, Danielle Leonard for Christopher Shays, Peter D. Keisler, William F. Weld, Alan Raul, Paul Rosenzweig, Philip Allen Lacovara, Ty Cobb, Donald B. Ayer, Stuart M. Gerson, Barbara Comstock, Mickey Edwards, John Farmer, Jr., William Kristol, John McKay, Trevor Potter, Stephen Richer, Claudine Schneider, Peter M. Shane, Robert Shanks, Olivia Troye, William Joseph Walsh, Christine Todd Whitman and State Democracy Defenders Fund, Michael Ceja Martinez for American Federation of Government Employees, AFL-CIO, Local 3707, Daniel Alexander McGrath for American Federation of Government Employees, AFL-CIO, Local 3707, Nicolas Mendoza for American Federation of Government Employees, AFL-CIO, Local 3707, Zoe Palitz for Christopher Shays, Peter D. Keisler, William F. Weld, Alan Raul, Paul Rosenzweig, Philip Allen Lacovara, Ty Cobb, Donald B. Ayer, Stuart M. Gerson, Barbara Comstock, Mickey Edwards, John Farmer, Jr., William Kristol, John McKay, Trevor Potter, Stephen Richer, Claudine Schneider, Peter M. Shane, Robert Shanks, Olivia Troye, William Joseph Walsh, Christine Todd Whitman and State Democracy Defenders Fund and Skye L. Perryman for American Federation of Government Employees, AFL-CIO, Local 3707. [25-1959] (AVN) [Entered: 10/30/2025 09:15 AM] |
| NOTICE of appearance on behalf of Appellant AFL-CIO filed by Attorney Rushab Sanghvi. Served on 10/28/2025. [25-1959] (RS) [Entered: 10/28/2025 02:21 PM] |
| NOTICE of appearance on behalf of Appellants AFL-CIO, American Federation of State, County and Municipal Employees and National Association of Government Employees, Inc. filed by Attorney Charlotte J. Kamai. Served on 10/28/2025. [25-1959] (CK) [Entered: 10/28/2025 02:01 PM] |
| NOTICE of appearance on behalf of Appellant American Federation of State, County and Municipal Employees filed by Attorney Matthew Stark Blumin. Served on 10/28/2025. [25-1959] (MSB) [Entered: 10/28/2025 01:44 PM] |
| NOTICE of appearance on behalf of Appellants AFL-CIO, American Federation of State, County and Municipal Employees and National Association of Government Employees, Inc. filed by Attorney Bailey W. Heaps. Served on 10/28/2025. [25-1959] (BH) [Entered: 10/28/2025 01:45 PM] |
| NOTICE of appearance on behalf of Appellants AFL-CIO, American Federation of State, County and Municipal Employees and National Association of Government Employees, Inc. filed by Attorney Niall M. Frizzell. Served on 10/28/2025. [25-1959] (NF) [Entered: 10/28/2025 01:58 PM] |
| BRIEFING schedule set. Brief and Appendix due 12/08/2025 for appellants American Federation of Government Employees, AFL-CIO, American Federation of State, County and Municipal Employees, and National Association of Government Employees, Inc. Pursuant to F.R.A.P. 31(a), appellees' brief will be due 30 days following service of appellants' brief and appellants' reply brief will be due 21 days following service of appellees' brief. [25-1959] (AVN) [Entered: 10/28/2025 02:50 PM] |
| NOTICE of appearance on behalf of Appellants AFL-CIO, American Federation of State, County and Municipal Employees and National Association of Government Employees, Inc. filed by Attorney Cody S. Harris. Served on 10/28/2025. [25-1959] (CSH) [Entered: 10/28/2025 02:05 PM] |
| DOCKETING statement filed by Appellants AFL-CIO, American Federation of State, County and Municipal Employees and National Association of Government Employees, Inc.. Served on 10/28/2025. [25-1959] (CSH) [Entered: 10/28/2025 02:09 PM] |
| TRANSCRIPT report/order form filed by Appellants AFL-CIO, American Federation of State, County and Municipal Employees and National Association of Government Employees, Inc. indicating all necessary transcripts have already been filed in district court. Served on 10/28/2025. [25-1959] (CSH) [Entered: 10/28/2025 02:16 PM] |
| DISCLOSURE statement filed by Appellants AFL-CIO, American Federation of State, County and Municipal Employees and National Association of Government Employees, Inc.. Served on 10/28/2025. [25-1959] (CSH) [Entered: 10/28/2025 02:19 PM] |
| NOTICE of appearance on behalf of Appellees US Office of Personnel Management and Scott Kupor filed by Attorney Benjamin T. Takemoto. Served on 10/20/2025. [25-1959] (BTT) [Entered: 10/20/2025 01:24 PM] |
| NOTICE of appearance on behalf of Appellees Scott Kupor and US Office of Personnel Management filed by Attorney Charles W. Scarborough. Served on 10/20/2025. [25-1959] (CWS) [Entered: 10/20/2025 01:34 PM] |
| Public docket note: Pursuant to Fed. R. App. 43(c)(2), Charles Ezell has been substituted by Scott Kupor as Director of the Office of Personnel Management. [25-1959] (AVN) [Entered: 10/15/2025 09:47 AM] |
| CIVIL CASE docketed. Notice of appeal (doc. #106) filed by Appellants AFL-CIO, American Federation of State, County and Municipal Employees, and National Association of Government Employees, Inc. Appearance form, Docketing Statement, and Transcript Report/Order form due 10/29/2025 . [25-1959] (AVN) [Entered: 10/15/2025 09:11 AM] |
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ORDER granting motion to extend time to file brief filed by Appellees US Office of Personnel Management and Scott Kupor. Brief due 04/17/2026 for appellees Scott Kupor and US Office of Personnel Management. [25-1959] (AVN) [Entered: 03/12/2026 08:41 AM]